1998 (4) TMI 129 - HC - Income Tax

Summary

Issues: Liability of directors under section 179 of the Income-tax Act

Comprehensive Analysis:

1. Liability of Directors under Section 179:
The judgment revolves around the liability of directors under section 179 of the Income-tax Act. The petitioners, who were directors of a company, resigned from their positions in 1984. The company had tax liabilities for the assessment years 1978-79 to 1988-89, and proceedings were initiated against the company for recovery. The Assistant Commissioner of Income-tax issued a notice under section 179 proposing to recover the amount from the petitioners personally. The main argument was whether the liability of directors arises only when tax cannot be recovered from the company's assets. The court analyzed the language of section 179, emphasizing that the liability of directors is joint and several only when tax cannot be recovered from the company. The court clarified that the liability is not co-extensive with the company's liability, and the Assessing Officer must give a finding before proceeding against directors personally.

2. Jurisdiction of Assessing Officer:
The court examined the order issued by the Assistant Commissioner of Income-tax, which held the directors jointly and severally liable for the tax amount. The court noted that the order assumed the petitioners had not proven their resignation from directorship in 1984 and proceeded without a finding that the tax amount cannot be recovered from the company. The court emphasized that without such a finding, the Assessing Officer lacks jurisdiction to invoke section 179 of the Act. Consequently, the court quashed the proceedings initiated under section 179, stating that they were without jurisdiction and authority of law. However, the court highlighted that the Assistant Commissioner could initiate proceedings afresh if a finding is made that the amount cannot be recovered from the company.

3. Conclusion and Ruling:
In conclusion, the court allowed the writ petition, quashing the impugned proceedings under section 179. The judgment clarified the legal requirements for holding directors liable under the Income-tax Act and emphasized the necessity of a finding regarding the company's inability to pay before proceeding against directors personally. The ruling highlighted the importance of following due process and ensuring the jurisdictional requirements are met before holding directors accountable for the company's tax liabilities.